SC issues notice to Centre on PIL seeking to establish revenue judicial service to decide land disputes
Nearly 66 per cent of civil cases related to land disputes but they were being adjudicated by officers lacking formal legal education and training, resulting in erroneous and inconsistent decisions, the PIL says
The Supreme Court on Thursday issued notice to the Centre on a PIL seeking directions to establish a revenue judicial service and to prescribe minimum legal qualifications and training modules for public servants dealing with land disputes.
A Bench of Chief Justice of India Surya Kant and Justice Joymalya Bagchi asked the Union of India, Law Commission and others to respond in four weeks to the PIL filed by advocate Ashwini Upadhyay who alleged that non-qualified legal professionals were adjudicating on land disputes.
“The point is very interesting also. But they will say it is for the Legislature,” CJI Kant told Upadhyay who appeared in person.
Upadhyay said the issue was one of the most pressing concerns raised by litigants across districts, particularly in rural India. “I travel to two-three districts every week. Most (litigants’) requests concern this matter. A case has been pending before a Chakbandi Adhikari (Consolidation Officer) for 40 years to determine which gift deed is valid. This also touches upon the separation of powers,” he said.
Nearly 66 per cent of civil cases related to land disputes but they were being adjudicated by officers lacking formal legal education and training, resulting in erroneous and inconsistent decisions, he submitted in his petition.
“The present system causes widespread and continuing injury to citizens by subjecting the adjudication of land disputes to revenue officers without legal background, resulting in arbitrary, inconsistent and erroneous decisions. This leads to prolonged uncertainty over property rights, restricts the use and transfer of land, increases litigation and costs, and denies effective access to justice, thereby infringing the fundamental rights guaranteed under Articles 14 and 21 of the Constitution,” the PIL submitted.
Upadhyay sought a direction to declare that adjudication of title, succession, inheritance, possession and other property rights by public servants without formal legal education and judicial training was legally impermissible and that adjudication of title, succession, inheritance, possession and other property rights shall be supervised and monitored by the respective high court.
He pointed out that the issue was dealt with by the Allahabad High Court but its direction has not been implemented in letter and spirit to date.
